Woodbridge man's killer loses bid for shorter sentence

Tuesday

Sep 13, 2005 at 4:25 AMSep 13, 2005 at 4:34 AM

Sarah Dutra on Monday was denied a hearing in San Joaquin County Superior Court that could have reduced her prison sentence for her part in the 2001 slaying of a Woodbridge man that drew national attention.

Scott Smith

STOCKTON -- Sarah Dutra on Monday was denied a hearing in San Joaquin County Superior Court that could have reduced her prison sentence for her part in the 2001 slaying of a Woodbridge man that drew national attention.

San Joaquin County Superior Court Judge Bernard Garber ruled that Dutra, 25, was not entitled to a new hearing and ordered her back to the California Department of Corrections and Rehabilitation to complete her 11-year sentence.

"The sentencing stands," Garber said in the brief hearing.

Dutra was convicted in April 2003 of voluntary manslaughter and accessory to murder for the slaying of Sacramento attorney Larry McNabney, 52. Dutra helped McNabney's wife, Laren Renee Sims Jordan, 36, poison McNabney in September 2001 and cover up the killing.

McNabney's body was stored in a refrigerator for several months at his Woodbridge home. Farm workers found his body buried in a Linden vineyard in February 2002.

Sims Jordan, who was charged with the murder, hanged herself in a Florida jail cell, leaving Dutra to face trial alone. Dutra's trial attorney argued that the California State University, Sacramento, art student, who worked for McNabney at his law office, fell victim to Sims Jordan's deceits. Prosecutors countered that Sims Jordan and Dutra carried out the callous murder together and partied together for months on the victim's money.

Dutra -- handcuffed and shackled -- entered Garber's courtroom Monday for the first time since her sentencing. She waved and smiled toward relatives seated in the courtroom. Her blond hair was pulled back in a ponytail.

Tavia Williams, McNabney's daughter, said in a phone interview from Reno that the timing of Monday's hearing was ironic because it fell four years to the day after Sims and Dutra stuffed McNabney's body into the refrigerator.

"I would have loved the judge to say that instead of 11 years, we're going to give you many more," Williams said.

Appellate attorney Cynthia Thomas of Elk Grove argued for a shorter sentence on grounds that Garber incorrectly ordered Dutra to serve the maximum sentence of 11 years. He should have assigned Dutra the lower sentence of six years or allowed the jury to sentence her to the maximum term, she said.

"The court ruled outside of its jurisdiction," Thomas said outside of court. Thomas said she would appeal Garber's ruling to the 3rd District Court of Appeal in Sacramento by week's end.

Dutra declined a request for an interview Monday afternoon at the San Joaquin County Jail where she was held temporarily.

Dutra has to serve 85 percent of her term, or more than nine years, before she is eligible for parole, said Deputy District Attorney Thomas Testa. Dutra has been in prison for 31/2 years since she was arrested and taken into custody March 19, 2002.

Testa said he supported Garber's decision. Dutra, who is housed at the Central California Women's Facility in Chowchilla, will spend at least another 51/2 years in prison under her current sentence.

"She has a way to go yet," Testa said.

Contact reporter Scott Smith at 209 546-8296 or ssmith@recordnet.com.

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